In a recent decision, Dana Corporation, 356 NLRB No. 49, the National Labor Relations Board (“NLRB or “the Board”) upheld a letter of agreement entered into by the United Auto Workers (“UAW”) and auto parts manufacturer Dana Corporation (“Dana”) on behalf of non-unionized employees at its facility in St. Johns, Michigan.. The agreement gave UAW rights to unionize the company’s employees without a secret-ballot election, instead providing that the union would be recognized if a majority of employees signed cards in its favor. Union officials and management also negotiated a pre-organization agreement on behalf of employees, stipulating to such items as four-year labor contracts and mandatory overtime.

The agreement required the UAW to begin organization efforts by requesting a list of employee addresses from Dana. When this occurred, several employees filed unfair labor practice charges with the NLRB, claiming that such behavior violated prohibitions against an employer assisted or dominated union. While the UAW never succeeded in collecting a majority of employee signatures, thus ending the organization effort, the case made its way all the way to the Board on review.

THIS IS AN ADVERTISEMENT. Recent NLRB Decision Upholds Validity of Pre-Organization Agreements between Labor and Management In a recent decision, Dana Corporation, 356 NLRB No. 49 (available at http://www.nlrb.gov/shared_files/Board%20Decisions/356/v35649.pdf), the National Labor Relations Board (“NLRB or “the Board”) upheld a letter of agreement entered into by the United Auto Workers (“UAW”) and auto parts manufacturer Dana Corporation (“Dana”) on behalf of non-unionized employees at its facility in St. Johns, Michigan.. The agreement gave UAW rights to unionize the company’s employees without a secret-ballot election, instead providing that the union would be recognized if a majority of employees signed cards in its favor. Union officials and management also negotiated a pre-organization agreement on behalf of employees, stipulating to such items as four-year labor contracts and mandatory overtime. The agreement required the UAW to begin organization efforts by requesting a list of employee addresses from Dana. When this occurred, several employees filed unfair labor practice charges with the NLRB, claiming that such behavior violated prohibitions against an employer assisted or dominated union. While the UAW never succeeded in collecting a majority of employee signatures, thus ending the organization effort, the case made its way all the way to the Board on review. Chairman Wilma Liebman and Member Mark Pearce upheld the validity of the agreement, noting that “meeting with a union early on to ascertain its goals and representation philosophy enables the employer to more realistically assess (1) the potential impact of the union on the employer’s operations; and (2) the wisdom of expending company resources to campaign against the union.” The Board did not establish guidelines for managing similar future negotiations, determining instead to “leave for another day the adoption of a general standard for regulating prerecognition negotiations between unions and employer.” In a solo dissent, Member Brian Hayes cautioned that the decision would lead to “self-interested union-employer agreements that preempt employee choice and input as to their representation and desired terms and conditions of employment.” This decision paves the way for union representatives to negotiate favorable terms with management before the organization process even begins. It also allows organized labor representatives to sidestep a required secret-ballot election if the employer is inclined to make such concessions. For questions regarding this development (or for other labor and employment issues), please contact Joseph McCoin, Scott Simmons, or your Miller & Martin Labor and Employment law attorney. The opinions expressed in this bulletin are intended for general guidance only. They are not intended as recommendations for specific situations. As always, readers should consult a qualified attorney for specific legal guidance. Should you need assistance from a Miller & Martin attorney, please call 1-800-275-7303. THIS IS AN ADVERTISEMENT. Atlanta | Chattanooga | Nashville www.millermartin.com ATLANTA 1170 Peachtree Street, N.E., Suite 800 Atlanta, GA 30309-7706 CHATTANOOGA 832 Georgia Avenue, Suite 1000, Volunteer Building Chattanooga, TN 37402-2289 NASHVILLE 150 Fourth Avenue North, Suite 1200, One Nashville Place Nashville, TN 37219 Subscribe to our email list

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

"My best business intelligence, in one easy email…"

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Privacy Policy (Updated: October 8, 2015):

hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.